[UAH] Fw: Your Health Law Updates

Aroma Patrick

S e n t f r o m m y B l a c k B e r r y ® s m a r t p h o n e

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From: JD Supra Advisories <legalupdates@jdsupra.com>

Sender: "JD Supra Advisories" <legalupdates=jdsupra.com@mail8.wdc01.mcdlv.net>

Date: Mon, 13 May 2013 12:02:51 +0000

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ReplyTo: JD Supra Advisories <legalupdates@jdsupra.com>

Subject: Your Health Law Updates

Follow Other Topics » Email to Colleague »     Health Law   Legal intelligence from leading lawyers and law firms      Featured    CMS Proposes to Increase Awards for Non-Qui Tam Whistleblowers   CMS wants to change the way that it rewards non-qui tam whistleblowers who report alleged fraudulent or unlawful conduct related to Medicare or Medicaid. Using an IRS program as a model, CMS recently proposed rule changes to... By: Mintz Levin - Health Law     Capital Infusion: Policy Spotlight: Affordable Care Act   EMPLOYER RESPONSIBILITIES UNDER THE AFFORDABLE CARE ACT AND THE IMPACT on PRIVATE INVESTMENT FUNDS - Implementation of the Affordable Care Act ("ACA") continues at an accelerated pace. Some of its most important provisions for employers are... By: Patton Boggs LLP     Record Attendance at American Telemedicine Association Annual Meeting   The American Telemedicine Association (ATA) wrapped up its 2013 Annual Meeting in Austin, Texas on Monday. Over 5,000 people attended the ATA's largest annual meeting ever. The extraordinary advances in technology over the past few years coupled... By: Mintz Levin - Health Law     Absent a Contract With the Provider, HMOs Are Not Liable for Unpaid Services   On April 19, 2013, the Texas Supreme Court handed down its opinion in Christus Health Gulf Coast, et al. v. Aetna, Inc. et al. The court's ruling put an end to the so-called "double pay" theory of liability by downstream medical providers against... By: Sedgwick LLP     HHS Expands HIPAA Privacy Compliance Requirements   On January 25, 2013, the Department of Health and Human Services (HHS) published its final rule, which implements the regulatory changes imposed on business associates found in the Health Information Technology for Economic and Clinical Health Act... By: Sedgwick LLP     How to Minimize FCPA Risk in Health Care Acquisitions   When acquiring a health care company doing business abroad, there is no such thing as being too thorough with anti-corruption due diligence. The Department of Justice and the Securities and Exchange Commission have the health care industry on their... By: Mintz Levin - Health Law     Planning And Paying For Long-Term Care (Part 6 In A Series: Medicaid/Medical Assistance)   In Part 5, I discussed the issue of "excess" assets and the "spend-down" process in Medical Assistance. Apart from a couple's exempt assets (house, one car, household furnishings, etc.), the remaining assets are "countable" assets for purposes of... By: McNees Wallace & Nurick LLC     Final Medical Marijuana Regulations Approved in Massachusetts   The Massachusetts Department of Public Health Public Health Council approved, by unanimous vote, final regulations for the implementation of the medical marijuana ballot initiative law that will allow qualifying patients with certain medical... By: Mintz Levin - Health Law     OIG Revises Special Advisory Bulletin on Exclusions   OIG continues its aggressive interpretation of scope and effect of exclusion from participation in Federal health care programs and clarifies several open questions.... By: Morgan Lewis     Who is a Large Employer Under Obamacare?   Among other things, the Patient Protection and Affordable Care Act (the "Act"), commonly referred to as Obamacare, requires "large employers" to provide qualified health coverage for all of their full-time employees, or pay an annual penalty. A... By: Cole Schotz     The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS   In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking, there are four broad types... By: BakerHostetler     PODs Beware: OIG Releases Special Fraud Alert   The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally speaking, the Anti-Kickback... By: Polsinelli     Working Toward Fewer Medical Mistakes   A new study suggests limiting the work hours of resident physicians does not lead to patient death. In fact, mortality declined during the study period even though patients may have received fewer hours of care.... By: Stipe, Harper, Laizure, Uselton, Belote,     Medical Device Update: FDA Regulation of Tanning Beds, "Henceforth to be Known as Sunlamp Products"   Yesterday, we reported that FDA had announced its intentions of reclassifying sunlamp products and requiring labeling changes to include warnings discouraging young people from using them.... By: Fuerst Ittleman David & Joseph, PL     The Obamacare "Play or Pay" Rules: A Practical Approach   The IRS recently released new proposed regulations to implement the Shared Responsibility or "Play or Pay" provisions of Health Care Reform. The proposed regulations provide a wealth of detail on key issues required to implement the law. This article... By: Davis Wright Tremaine LLP     DOL Releases Guidance on Employer Notices about Exchange Availability   The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known as "exchanges." The... By: Ballard Spahr LLP     IRS Proposes Regulations Regarding Community Health Needs Assessments for Charitable Hospitals   The IRS has released its proposed regulations [PDF] detailing the requirements for conducting and reporting Community Health Needs Assessments (CHNAs) under section 501(r)(3) of the Internal Revenue Code, which were established by the Affordable Care... By: Ober|Kaler     Controversial U.S. Medical Study Raises Informed Consent Questions   The recent controversy surrounding a study of newborn babies in universities across the United States demonstrates the importance of compliance with human subject protection regulations in medical research.... By: Holland & Knight LLP     In North Carolina, Will There Be "Freedom to Negotiate Health Care Rates"?   Despite opposition and the claim from BlueCross BlueShield of North Carolina that it "has not used 'most favored nation' clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on contracts executed in the... By: BakerHostetler     EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs   A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even well-intentioned wellness... By: Mintz Levin - Employment, Labor & Benefits     Health Care Reform Blog: DOL Releases Model Health Insurance Marketplace Notice For Distribution by Employers   Today the Department of Labor released guidance and model notices for employers to use when informing employees of the availability of health insurance on the statewide exchange.... By: Davis Brown Law Firm     HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA   The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability... By: Proskauer - Privacy & Data Security     HHS OIG Issues Report on Hospice General Inpatient Care Billing   Report makes no formal recommendations, but OIG notes that lengths of stay and frequency of general inpatient care are issues requiring further scrutiny.... By: Morgan Lewis     Treasury Proposes Minimum Value Rules for Health Plans   The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides "minimum value."... By: Ballard Spahr LLP     CMS Issues Proposed Hospice Payment Update for FY 2014   On April 29, 2013, CMS issued a proposed rule providing the payment rates and wage index for hospices effective FY 2014. While the proposed rule describes current findings and offers options for consideration, it does not include any suggested... By: King & Spalding     Employer Wellness Programs Need Guidance to Avoid Discrimination   Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is needed to avoid violations of... By: U.S. Equal Employment Opportunity Commission     Law Enforcement In The Health Care Industry: What Do New Cases Against Novartis Tell Us?   In recent years, pharmaceutical companies have faced criminal investigations and charges in regard to alleged off-label marketing of prescription drugs and kickbacks to doctors. For this reason, the filing last month of two civil cases against... By: Morvillo Abramowitz Grand Iason & Anello P.C.     CMS Proposes Two-Percent Net Payment Update for IRFs in FY 2014   On May 2, 2013, CMS released its proposed FY 2014 inpatient rehabilitation facility (IRF) PPS rule, which includes a 1.8 percent net market basket update and a 0.2 percent increase for high-cost outlier payments.... By: King & Spalding     Health Care Reform Update -- May 6, 2013   In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled. Excerpt from Implementation of the... By: Mintz Levin - Health Law     HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks   Adding yet another wrinkle to the nation's contentious gun control debate, the U.S. Department of Health and Human Services (HHS) has released an Advance Notice of Proposed Rulemaking (ANPRM) soliciting information and public comment on possible... By: BakerHostetler     Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination   Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal law by discriminating against... By: U.S. Equal Employment Opportunity Commission     Mcnees Insights - Asset Planning and Federal Taxation - Spring 2013   In This Issue: ATRA 2012 – How Does it Affect You?; Planning and Paying for Long-Term Care; and Obama Revenue Raising Proposals. Excerpt from ATRA 2012 – How Does it Affect You?: The American Taxpayer Relief Act of 2012 (the "Act") was... By: McNees Wallace & Nurick LLC     Capitol Report: Bill To Implement And Enforce The Patient Protection And Affordable Care Act's Requirements Applicable To Health Insurers And Health Insurance Policies Passes Florida Legislature   Committee Substitute for Senate Bill 1842 (CS/SB 1842), passed by the 2013 Florida Legislature, enacts changes to the Florida Insurance Code (the "Code"). These changes are necessary to implement and enforce requirements of the federal Patient... By: Carlton Fields     Rubin v. General Hospital Corp. (Fed. Cir. 2013)   On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The General Hospital... By: McDonnell Boehnen Hulbert & Berghoff LLP     Healthcare Update, No. 2, May 2013: Facebook Foils FMLA Faker   The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition, or are undergoing... By: Fisher & Phillips LLP     Capital Infusion: Private Equity Update - May 2013   In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings & Subsequent Exits 10 - Dealmaker's... By: Patton Boggs LLP     CMS Proposes Increased Rewards for Reporting Fraud and Abuse   The Centers for Medicare and Medicaid Services (CMS) recently published a proposed rule modifying certain provisions in their Incentive Reward Program (IRP) to sweeten the incentives for reporting sanctionable conduct. Revisions to the IRP increases... By: BakerHostetler     CMS Proposes Increase in Payments for SNFs in FY 2014   On May 1, 2013, CMS issued a proposed rule that would update payment rates under the prospective payment system (PPS) for skilled nursing facilities (SNFs) for fiscal year (FY) 2014. The proposal would increase aggregate payments to SNFs by 1.4... By: King & Spalding     Alabama Legislative Update – Week 12: Gun Bills, Budgets and Medicaid   Last week, legislators turned their attention to the weightiest and most controversial issues, including debate and passage of several gun bills. Now, with only three legislative days remaining, both budgets will take priority while the Medicaid... By: Baker, Donelson, Bearman, Caldwell &     May and June Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans   Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To avoid such penalties and... By: King & Spalding     HIPAA Revises Business Associate Agreement Requirements   Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of "protected health information" ("PHI") by business associates that process... By: Burns & Levinson LLP     Draft Guidance Outlines Recommendations for Formal Meetings Between FDA and Biosimilar Sponsors and Applicants   The U.S. Food and Drug Administration (FDA) recently released the fourth in a series of draft guidance documents on the approval pathway for biologicals that are biosimilar to or interchangeable with a reference biological product. This latest... By: McDermott Will & Emery     Employer Responsibility – Will You Pay or Play?   Starting in 2014, provisions of the Patient Protection and Affordable Care Act become effective known as "Pay or Play" or "Employer Shared Responsibility." Large employers will be faced with the decision whether to offer full-time employees... By: Poyner Spruill LLP     Health Care Reform Implementation Update - May 6, 2013   Last week the Centers for Medicare & Medicaid Services (CMS) issued new proposed regulations on FY 2014 payment updates and regulatory policy changes for inpatient and long term care hospitals, skilled nursing facilitates, hospices and inpatient... By: Cozen O'Connor     First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For Discovery Violations   In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep't April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried, J.) to strike defendants'... By: Sheppard Mullin Richter & Hampton LLP     Checklist for Timely Compliance with HIPAA Omnibus Rule   The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers should begin now to ensure... By: Winstead PC     Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax   In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI) equipment - Radiation oncology and... By: Foley & Lardner LLP     Health Care Reform Blog: IRS Releases 2014 Out of Pocket Maximum Limits   In 2014 non-grandfathered plans will not be allowed to have an out of pocket maximum greater than that allowed for high deductible health plans.... By: Davis Brown Law Firm     Healthcare Update, No. 2, May 2013: End of Companionship Exemption?   In April, the U.S. Labor Department (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered "companions" under the Fair Labor Standards Act (FLSA).... By: Fisher & Phillips LLP     Alarm Fatigue: Joint Commission Considering National Patient Safety Guideline for Alarm-Equipped Medical Devices   The Joint Commission (TJC) recently published a Sentinel Event Alert (Alert) regarding "alarm fatigue," which occurs when physicians are so overwhelmed by the constant barrage of medical device alarms, most of which do not require clinical... By: BakerHostetler     Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages   In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff's medical care provider, pursuant to a prior agreement with the plaintiff's health care provider, accepted less than the billed amount as full... By: Barger & Wolen     See more Health Law advisories ›     Follow popular law news & updates with JD Supra on LinkedIn Today   Follow JD Supra » Forward to Colleague »  |  Follow Other Topics »   Did a colleague forward this email to you? Sign up here to start receiving emails.   You received this email because you opted to do so via JD Supra. To stop receiving this digest, manage your subject subscriptions or unsubscribe from all.   JD Supra 10 Liberty Ship Way, Suite 300 Sausalito, CA 94965 Phone: 800-506-6010 (toll free)